By Wolens H.B. No. 792 77R937 JMC-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to certain procedures regarding state bar disciplinary 1-3 proceedings and to a limited waiver of immunity from liability by 1-4 the state bar and certain employees of the state bar. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter B, Chapter 81, Government Code, is 1-7 amended by adding Section 81.0141 to read as follows: 1-8 Sec. 81.0141. LIABILITY; LIMITED WAIVER OF IMMUNITY. (a) 1-9 The state bar is liable for damages proximately caused by the 1-10 wrongful act or omission or the negligence of an employee acting 1-11 within the scope of the employee's employment if: 1-12 (1) the damages arise from the employee's conduct as 1-13 an attorney representing the state bar in a disciplinary 1-14 proceeding; and 1-15 (2) the state bar would, if the state bar were a 1-16 private person, be liable to the claimant under state law. 1-17 (b) Sovereign immunity from liability is waived and 1-18 abolished to the extent of liability created by Subsection (a), and 1-19 a claimant may bring an action against the state bar for damages, 1-20 including exemplary damages. 1-21 (c) An employee of the state bar waives any immunity to suit 1-22 or from liability established under common law for damages, 1-23 including exemplary damages, that arise from the employee's conduct 1-24 as an attorney representing the state bar in a disciplinary 2-1 proceeding. Chapter 104, Civil Practice and Remedies Code, does 2-2 not apply to an employee of the state bar to the extent that the 2-3 employee's individual immunity is waived under this subsection. 2-4 SECTION 2. Section 81.072, Government Code, is amended by 2-5 adding Subsections (h) and (i) to read as follows: 2-6 (h) The state bar shall ensure strict compliance with the 2-7 Texas Rules of Disciplinary Procedure, including rules relating to: 2-8 (1) disciplinary proceedings; and 2-9 (2) the nomination and appointment of members of 2-10 district grievance committees. 2-11 (i) The state bar or a court may not require an attorney 2-12 against whom a disciplinary action has been brought to disclose 2-13 information protected by the attorney-client privilege if the 2-14 client did not initiate the complaint that is the subject of the 2-15 action. 2-16 SECTION 3. Subchapter E, Chapter 81, Government Code, is 2-17 amended by adding Section 81.080 to read as follows: 2-18 Sec. 81.080. RIGHT TO SUPERSEDE ON NOTICE OF APPEAL. On the 2-19 filing of a notice of appeal of an order or judgment of disbarment 2-20 or suspension, the order or judgment shall be superseded during the 2-21 pendency of the appeal. 2-22 SECTION 4. Section 81.080, Government Code, as added by this 2-23 Act, applies only to a notice of appeal of an order or judgment of 2-24 disbarment or suspension filed on or after the effective date of 2-25 this Act. 2-26 SECTION 5. Section 81.0141, Government Code, as added by 2-27 this Act, applies only to a cause of action that accrues on or 3-1 after the effective date of this Act. A cause of action that 3-2 accrued before the effective date of this Act is governed by the 3-3 law as it existed immediately before the effective date of this 3-4 Act, and that law is continued in effect for that purpose. 3-5 SECTION 6. This Act takes effect September 1, 2001.